Request for Proposalsmission.sfgov.org/OCA_BID_ATTACHMENTS/FA36456.pdf · Cantonese, Mandarin,...

Request for Proposals for

RFP No. SFMTA 2014-26

(CCO No. 14-1312)

SFMTA AMBASSADOR SERVICES (FEDERAL)

Date Issued: September 5, 2014

Pre-proposal Conference: September 12, 2014

Proposal Due: October 3, 2014 2pm PST

San Francisco Municipal Transportation Agency RFP for Ambassador Services

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San Francisco Municipal Transportation Agency (SFMTA)

Request for Proposals for SFMTA AMBASSADOR SERVICES

Table of Contents

Page

I. Introduction and Schedule ............................................................................. 2

II. Scope of Work ............................................................................................... 3

III. Submission Requirements .............................................................................. 4

IV. Evaluation and Selection Criteria .................................................................. 6

V. Pre-proposal Conference and Contract Award .............................................. 8

VI. Terms and Conditions for Receipt of Proposals ............................................ 9

VII. City Contract Requirements ........................................................................... 18

VIII. Certification Regarding Debarment, Suspension, and……..………………. 20

Other Responsibility Matters

Appendices:

Appen-

dix

Content Page

A. SFMTA Small Business Enterprise Program for Professional and

Technical Services

A-1

B. Standard Forms: Listing and Internet addresses of Forms related to

Taxpayer Identification Number and Certification, Business Tax

Declaration, and Chapters 12B and 12C, and 14B of the S.F.

Administrative Code

B-1

C. Sample Agreement for Professional Services (Form P-500) C-1

D. Attestation of Compliance on Communications Prior to Contract

Award

D-1

E. Certification Regarding Lobbying E-1

F. FTA Requirements for Personal Services Contract F-1

G. SFMTA Protest Procedures for the Bidding and Award of Federally

Assisted Third Party Contracts

G-1


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I. Introduction and Schedule

A. General

The SFMTA intends to engage street teams to provide outreach, information and customer

education and information services, and serve as the SFMTA’s “Ambassadors” to the general

public at sports events, street fairs, parades, and other public events. The Ambassadors would

also provide services during crises such as transit agency shutdowns, direct the SFMTA’s

customers to current or re-routed transit connections, and provide other transit information, as

needed, in multiple languages.

The contract shall have an original term of three years. In addition, the SFMTA shall have two

options to extend the term for a period of one year each, which the SFMTA may exercise in its

sole, absolute discretion

This RFP is for an SFMTA federally funded contract.

B. Schedule

The anticipated schedule for selecting a consultant is:

Phase Date

RFP is issued by the City: September 5, 2014

Pre-proposal conference: September 12, 2014

Deadline for submission of written questions or requests

for clarification:

September 19, 2014

2pm PST

Proposals due: October 3, 2014 2pm PST

* The SFMTA reserves the right to not to conduct oral interview and select a firm

based on the written proposal only.

Phase Tentative Date

Oral interview of short listed firms *: October 17, 2014

Contract Negotiations: October 27, 2014

Contract Starts: November 1, 2014


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II. Scope of Work

This scope of work is a general guide to the work the SFMTA expects to be performed, and

is not a complete listing of all services that may be required or desired. The SFMTA may, in its

sole discretion, propose modifications to the scope of work based on its service needs. As

mentioned above, the Contractor shall provide street teams providing customer outreach,

information and education services and serving as the SFTMA “Ambassadors.” The

Ambassadors shall also provide services, as-needed, during emergencies and other unusual

circumstances, such as transit agency shutdowns, directing the SFMTA’s customers to current or

re-routed transit connections and providing other transit information. The Ambassadors shall be

able to provide multiple languages for Limited English Proficiency customers in Cantonese,

Mandarin, Korean, Russian, Spanish, Tagalog, and Vietnamese, depending on the needs at each

event. The Contractor shall also provide supplemental services to assist SFMTA operations,

including posting of informational and directional signage, and overall on-site supervision of

Ambassadors. The Contractor is also expected to provide training to the Ambassadors. The

following are required work tasks:

A. Staff, supervise, train, and administer the Ambassadors;

B. Carry out a schedule that can fluctuate based on the needs of the project/event as

specified by SFMTA

C. Deploy Ambassadors to assist the general public at major public events,

construction work projects, street fairs, parades, crises and emergency-related

events;

D. Develop and provide training for the Ambassadors that may include classroom

and in-field training;

E. Provide appropriate communication material to Ambassadors;

F. Provide services in a professional manner, to the satisfaction of the SFMTA;

G. Utilize a reporting and feedback system to document all Ambassador reporting

and interactions;

H. Provide Ambassadors fluent in multiple languages for Limited English

Proficiency customers (e.g., Cantonese, Mandarin, Korean, Russian, Spanish,

Tagalog, and Vietnamese), depending on the needs of the project;

I. Provide supplemental services to assist SFMTA communications and operations,

including posting informational and directional signage;

J. Distribute schedules and route changes and other information and materials as

required by project;

K. Provide assistance with door-to-door outreach, including disseminating flyers to

project-affected neighborhoods;

L. Assist in disseminating flyers to Muni customers at transit stops and stations;

M. Communicate with the SFMTA Project Manager to report incidents, conditions or

situations that may need attention.


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III. Submission Requirements

A. Time and Place for Submission of Proposals

Proposals must be received by 2pm PST on October 3, 2014. Proposals must be in an

electronic format and either sent by email to, [email protected] or an electronic copy

on USB delivered to:

Katherine Kwok

SFMTA Contracts & Procurement

1 S. Van Ness Ave. 6th Fl.

San Francisco, CA 94103-5417

Proposers shall submit the following to the above email address or location:

One electronic copy of your entire proposal including completed and signed

Appendices D, E and F. (Appendices A and G will be submitted as separate files as

stated below.)

One electronic copy of your completed and signed Appendix A forms (see VI.O and

Appendix A) as a separate file on your electronic media submission.

One electronic copy of your completed Appendix G (fee or cost proposal form) as a

separate file on your electronic media submission.

All electronic files must include scanned (PDF) copies of any documents that require

signature. Signatures must be by an official with your firm who is authorized to submit

a proposal on behalf of your firm. Your electronic media should be clearly marked that

it is for “SFMTA-2014-26.”

B. Format

Please ensure that the typeface is legible and accessible for viewing on a computer monitor,

laptop or (electronic) tablet. The maximum number of pages for the entire proposal should be no

more than 20 pages, excluding required forms, and appendices. If your response is over 15

pages, please include a Table of Contents.

C. Content

Firms interested in responding to this RFP must submit the following information, in the

order specified below:

1. Introduction and Executive Summary

Submit a letter of introduction and executive summary of the proposal. The letter

must be signed by a person authorized by your firm to obligate your firm to perform the

commitments contained in the proposal. Submission of the letter will constitute a representation

mailto:[email protected]


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by your firm that your firm is willing and able to perform the commitments contained in the

proposal.

2. Project Approach

Describe the services and activities that your firm proposes to provide to the SFMTA.

Include the following information:

a. Demonstrate how you will provide the Scope Of Work tasks in Section II,

including how each task will be conducted.

b. Provide a plan on how your firm will manage customer information security,

including Personally Identifiable Information (PII).

c. Provide a staffing plan to sufficiently supply staff for events, including those

events scheduled on short notice.

d. Provide the assignment of work within your firm’s work team.

3. Firm Qualifications / References

Provide information on your firm’s background and qualifications that addresses all

of the following:

a. Name, address, and telephone number of the contact person.

b. A brief description of your firm, as well as how any joint venture or association

would be structured.

c. A description of at least three but not more than five projects similar in size and

scope prepared by your firm, including: client / reference email addresses and

telephone numbers; staff members who worked on each project; budget; schedule;

and a project summary. If joint consultants or subconsultants are proposed,

provide the above information for each.

d. Experience in working with communities of concern (e.g., seniors, youth,

disabled).

4. Team Qualifications

a. Provide a list identifying: (1) each key person on the project team, (2) the project

manager, (3) the role each will play in the project, and (4) a written assurance that

the key individuals listed and identified will be performing the work and will not

be substituted with other personnel or reassigned to another project without the

SFMTA’s prior approval.

b. Provide a description of the experience and qualifications of the project team

members, including brief résumés if necessary.


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c. Demonstrate experience of team members in working with Limited English

Proficiency (LEP) customers in the following languages: English, Spanish,

Cantonese, Mandarin, Vietnamese, Russian, Korean, and Tagalog.

5. Fee or Cost Proposal

a. Provide hourly rates for all staff related to this contract. This shall include all

subcontractor rates as well.

b. Please complete and provide a fee or cost proposal as a separate electronic file.

IV. Evaluation and Selection Criteria

A. Minimum Qualifications

Minimum three years’ experience conducting outreach and information services in a

municipal environment for street fairs, community events or other customer services

related events .

Any proposal that does not demonstrate that the proposer meets these Minimum

Qualifications by the deadline for submittal of proposals will not be eligible for award of

the contract.

B. Selection Criteria

The proposals will be evaluated by a selection committee comprised of members with

expertise in communications and outreach. The SFMTA intends to evaluate the proposals

generally in accordance with the criteria listed below. If the SFMTA elects to conduct oral

interviews, those firms that have a statistical chance of becoming the successful proposer after

review of the written proposals will be interviewed by the committee to make the final selection.

WRITTEN PROPOSAL (100 POINTS)

The SFMTA will review each written proposal to ensure that it is responsive to the RFP

and is compliant with City contracting requirements. Any proposal that does not demonstrate

that the proposer meets the minimum requirements as set forth in this RFP by the deadline for

submittal of proposals will be considered non-responsive and will not be eligible for award of the

contract.

1. Project Approach (35 points)

a. Understanding of the services required by the SFMTA and quality of the

proposer’s approach to providing the services to be performed


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b. Approach to managing customer information security

c. Quality of approach of the staffing plan to meet the SFMTA’s required as-needed

time frame.

2. Experience of Firm and Subconsultants (30 points)

a. Expertise of the firm and subconsultants in the fields necessary to

complete the tasks

b. Experience in working with similar projects

c. Quality of the recently completed outreach projects, including adherence to

schedules, deadlines and budgets

d. References

3. Assigned Project Staff (25 points)

a. Recent experience of staff assigned to the project and a description of the tasks to

be performed by each staff person

b. Professional qualifications and education

i. Experience working with LEP (Limited English Proficiency) customers

and community based organizations in the following languages:

Cantonese/Mandarin, Vietnamese, Russian, Korean, and Tagalog

ii. Staff that is sensitive to cultural, demographic and special needs

accessibility issues

4. Overall Organization and Clarity of Proposal (10 points)

a. Each proposal will be evaluated on the organization and clarity of the proposal.

The Selection Committee's scores for each firm will be totaled, and the result will be

divided by the number of Selection Committee members to obtain an average written evaluation

score for each firm. The maximum score for each firm will be 100 points. The Selection

WRITTEN PROPOSAL MAXIMUM

(100 Points)

a) Project Approach 35

b) Assigned Project Staff 25

c) Experience of Firm and Subconsultants 30

d) Overall Organization and Clarity of the Proposal 10

Total 100


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Committee may interview those firms that have a statistical chance of becoming the successful

proposer after scoring of the written proposals.

ORAL INTERVIEW (25 POINTS)

Should the SFMTA elect to conduct oral interviews, all firms invited will be orally

interviewed by the Section Committee to make the final selection. The invited firms will appear

(in no particular order) before the Selection Committee for a presentation of the various elements

of their written proposals. Presentations at the oral interview must be made by the key personnel

who will be assigned to the Contract. These key team members should actively participate in the

oral presentations to the Selection Committee. Interviews may consist of standard questions, as

well as specific questions regarding individual proposals. The Selection Committee may direct

questions to specific members of the Proposer's team. Firms selected for the oral interview may

be required to furnish additional information prior to or at the interview.

Each member of the Selection Committee will separately score each firm's oral interview

and presentation (25 points maximum). Individual evaluation scores from all Selection

Committee members will be added together and then divided by the number of Selection

Committee members to obtain an average interview evaluation score per firm.

The SFMTA will add the points from the oral presentation to the total points accumulated

in the written proposal total. The firm with the highest total of points will be considered the

overall winner.

V. Pre-proposal Conference and Contract Award

A. Pre-Proposal Conference

Proposers are encouraged to attend a pre-proposal conference on September 12, 2014 at

10:00am to be held at 1 South Van Ness Avenue 3rd

Floor, Civic Center Conference room, San

Francisco, Ca 94103. All questions will be addressed at this conference and any available new

information will be provided at that time. If you have further questions regarding the RFP, please

contact the individual designated in Section VI.B.

B. Contract Award

The SFMTA will select a proposer with whom the SFMTA staff shall commence contract

negotiations. The selection of any proposal shall not imply acceptance by the City of all terms of

the proposal, which may be subject to further negotiations and approvals before the City may be

legally bound thereby. If a satisfactory contract cannot be negotiated in a reasonable time, then

the SFMTA, in its sole discretion, may terminate negotiations with the highest-ranked proposer

and begin contract negotiations with the next highest-ranked proposer.


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VI. Terms and Conditions for Receipt of Proposals

A. Errors and Omissions in RFP

Proposers are responsible for reviewing all portions of this RFP. Proposers are to promptly

notify the SFMTA, in writing, if the proposer discovers any ambiguity, discrepancy, omission, or

other error in the RFP. Any such notification should be directed to the SFMTA promptly after

discovery, but in no event later than five working days prior to the date for receipt of proposals.

Modifications and clarifications will be made by addenda as provided below.

B. Inquiries Regarding RFP

Inquiries regarding the RFP and all oral notifications of an intent to request written

modification or clarification of the RFP, must be directed to:

[email protected]

Please include “SFMTA 2014-26“ in the subject line of your email.

C. Objections to RFP Terms

Should a proposer object on any ground to any provision or legal requirement set forth in

this RFP, the proposer must, not more than ten calendar days after the RFP is issued, provide

written notice to the Department setting forth with specificity the grounds for the objection. The

failure of a proposer to object in the manner set forth in this paragraph shall constitute a complete

and irrevocable waiver of any such objection.

D. Change Notices

The SFMTA may modify the RFP, prior to the proposal due date, by issuing

Bid Addenda, which will be posted on the website. The proposer shall be responsible for

ensuring that its proposal reflects any and all Bid Addenda issued by the SFMTA prior to the

proposal due date regardless of when the proposal is submitted. Therefore, the SFMTA

recommends that the proposer consult the website frequently, including shortly before the

proposal due date, to determine if the proposer has downloaded all Bid Addenda.

E. Term of Proposal

Submission of a proposal signifies that the proposed services and prices are valid for 120

calendar days from the proposal due date and that the quoted prices are genuine and not the result

of collusion or any other anti-competitive activity.

F. Revision of Proposal


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A proposer may revise a proposal on the proposer’s own initiative at any time before the

deadline for submission of proposals. The proposer must submit the revised proposal in the same

manner as the original. A revised proposal must be received on or before the proposal due date.

In no case will a statement of intent to submit a revised proposal, or commencement of a

revision process, extend the proposal due date for any proposer.

At any time during the proposal evaluation process, the SFMTA may require a proposer to

provide oral or written clarification of its proposal. The SFMTA reserves the right to make an

award without further clarifications of proposals received.

G. Errors and Omissions in Proposal

Failure by the SFMTA to object to an error, omission, or deviation in the proposal will in

no way modify the RFP or excuse the vendor from full compliance with the specifications of the

RFP or any contract awarded pursuant to the RFP.

H. Financial Responsibility

The SFMTA accepts no financial responsibility for any costs incurred by a firm in

responding to this RFP. Submissions of the RFP will become the property of the SFMTA and

may be used by the SFMTA in any way deemed appropriate.

I. Proposer’s Obligations under the Campaign Reform Ordinance

Proposers must comply with Section 1.126 of the S.F. Campaign and Governmental

Conduct Code, which states:

No person who contracts with the City and County of San Francisco for the rendition of

personal services, for the furnishing of any material, supplies or equipment to the City, or for

selling any land or building to the City, whenever such transaction would require approval by a

City elective officer, or the board on which that City elective officer serves, shall make any

contribution to such an officer, or candidates for such an office, or committee controlled by such

officer or candidate at any time between commencement of negotiations and the later of either (1)

the termination of negotiations for such contract, or (2) three months have elapsed from the date

the contract is approved by the City elective officer or the board on which that City elective

officer serves.

If a proposer is negotiating for a contract that must be approved by an elected local officer

or the board on which that officer serves, during the negotiation period the proposer is prohibited

from making contributions to:

the officer’s re-election campaign

a candidate for that officer’s office

a committee controlled by the officer or candidate.


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The negotiation period begins with the first point of contact, either by telephone, in person,

or in writing, when a contractor approaches any city officer or employee about a particular

contract, or a city officer or employee initiates communication with a potential contractor about a

contract. The negotiation period ends when a contract is awarded or not awarded to the

contractor. Examples of initial contacts include: (1) a vendor contacts a city officer or employee

to promote himself or herself as a candidate for a contract; and (2) a city officer or employee

contacts a contractor to propose that the contractor apply for a contract. Inquiries for information

about a particular contract, requests for documents relating to a Request for Proposal, and

requests to be placed on a mailing list do not constitute negotiations.

Violation of Section 1.126 may result in the following criminal, civil, or administrative

penalties:

1. Criminal. Any person who knowingly or willfully violates section 1.126 is subject to

a fine of up to $5,000 and a jail term of not more than six months, or both.

2. Civil. Any person who intentionally or negligently violates section 1.126 may be held

liable in a civil action brought by the civil prosecutor for an amount up to $5,000.

3. Administrative. Any person who intentionally or negligently violates section 1.126

may be held liable in an administrative proceeding before the Ethics Commission

held pursuant to the Charter for an amount up to $5,000 for each violation.

For further information, proposers should contact the San Francisco Ethics Commission at

(415) 581-2300.

J. Communications Prior to Contract Award

It is the policy of the SFMTA that only SFMTA staff identified in the RFP as contacts for

this competitive solicitation are authorized to respond to comments or inquiries from Proposers

or potential Proposers seeking to influence the contractor selection process or the award of the

contract. This prohibition extends from the date the RFP is issued until the date when the

contractor selection is finally approved by the SFMTA Board of Directors and, if required, by the

San Francisco Board of Supervisors.

All firms and subcontractor(s) responding to this RFP are hereby notified that they may not

contact any SFMTA staff member, other than a person with whom contact is expressly

authorized by this RFP for the purpose of influencing the contractor selection process or the

award of the contract from the date the RFP is issued to the date when the contract award is

approved by the Board of Directors of the SFMTA and, if required, by the San Francisco Board

of Supervisors. This prohibition does not apply to communications with SFMTA staff members

regarding normal City business not regarding or related to this RFP.

All firms and subcontractor(s) responding to this RFP are hereby notified that any written

communications sent to one or more members of the SFMTA Board of Directors concerning a

pending contract solicitation shall be distributed by the SFMTA to all members of the SFMTA

Board of Directors and the designated staff contact person(s) identified in the RFP.


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Except as expressly authorized in the RFP, where any person representing a Proposer or

potential Proposer contacts any SFMTA staff for the purpose of influencing the content of the

competitive solicitation or the award of the contract between the date when the RFP is issued and

the date when the final selection is approved by the SFMTA Board of Directors, and, if required,

by the San Francisco Board of Supervisors, the Proposer or potential Proposer shall be

disqualified from the selection process. However, a person who represents a Proposer or potential

Proposer may contact City elected officials and may contact the Director of Transportation of the

SFMTA if s/he is unable to reach the designated staff contact person(s) identified in the RFP or

wishes to raise concerns about the competitive solicitation.

Additionally, the firms and subcontractor(s) responding to this RFP will not provide any

gifts, meals, transportation, materials or supplies or any items of value or donations to or on

behalf of any SFMTA staff member from the date the RFP is issued to the date when the contract

award is approved by the Board of Directors of the SFMTA and if required, by the San Francisco

Board of Supervisors.

All lobbyists or any agents representing the interests of proposing prime contractors and

subcontractor(s) shall also be subject to the same prohibitions.

An executed Attestation of Compliance (see Appendix D) certifying compliance with this

section of the RFP will be required to be submitted signed by all firms and named

subcontractor(s) as part of the response to this RFP. Any proposal that does not include the

executed Attestation of Compliance as required by this section will be deemed non-responsive

and will not be evaluated. Any Proposer who violates the representations made in such

Attestation of Compliance, directly or through an agent, lobbyist or subcontractor will be

disqualified from the selection process.

K. Sunshine Ordinance

In accordance with S.F. Administrative Code Section 67.24(e), contractors’ bids, responses

to RFPs and all other records of communications between the City and persons or firms seeking

contracts shall be open to inspection immediately after a contract has been awarded. Nothing in

this provision requires the disclosure of a private person’s or organization’s net worth or other

proprietary financial data submitted for qualification for a contract or other benefits until and

unless that person or organization is awarded the contract or benefit. Information provided which

is covered by this paragraph will be made available to the public upon request.

L. Public Access to Meetings and Records

If a proposer is a non-profit entity that receives a cumulative total per year of at least

$250,000 in City funds or City-administered funds and is a non-profit organization as defined in

Chapter 12L of the S.F. Administrative Code, the proposer must comply with Chapter 12L. The

proposer must include in its proposal (1) a statement describing its efforts to comply with the

Chapter 12L provisions regarding public access to proposer’s meetings and records, and (2) a

summary of all complaints concerning the proposer’s compliance with Chapter 12L that were

filed with the City in the last two years and deemed by the City to be substantiated. The summary


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shall also describe the disposition of each complaint. If no such complaints were filed, the

proposer shall include a statement to that effect. Failure to comply with the reporting

requirements of Chapter 12L or material misrepresentation in proposer’s Chapter 12L

submissions shall be grounds for rejection of the proposal and/or termination of any subsequent

Agreement reached on the basis of the proposal.

M. Reservations of Rights by the City

The issuance of this RFP does not constitute an agreement by the City that any contract will

actually be entered into by the City. The City expressly reserves the right at any time to:

1. Waive or correct any defect or informality in any response, proposal, or proposal

procedure;

2. Reject any or all proposals;

3. Reissue a Request for Proposals;

4. Prior to submission deadline for proposals, modify all or any portion of the selection

procedures, including deadlines for accepting responses, the specifications or

requirements for any materials, equipment or services to be provided under this RFP,

or the requirements for contents or format of the proposals;

5. Procure any materials, equipment or services specified in this RFP by any other

means; or

6. Determine that no project will be pursued.

N. No Waiver

No waiver by the City of any provision of this RFP shall be implied from any failure by the

City to recognize or take action on account of any failure by a proposer to observe any provision

of this RFP.

O. Small Business Enterprise (SBE)/Non-Discrimination

Requirements

The following information is provided to assist the Proposers in the preparation of

Proposals. Please also see Appendix A for a description of SFMTA’s SBE Program, along with

all forms required for submittal of Proposals and for use by the Proposer.

1. Policy

The SFMTA is committed to a Small Business Enterprise (SBE) Program (“Program”) for

the participation of SBEs in contracting opportunities. The SFMTA is also committed to

compliance with the federal regulations in 49 CFR Part 26, issued March 4, 1999, as

amended from time to time (the “Regulations”). The Regulations are incorporated into this

Program as though fully set forth herein. It is the intention of the SFMTA to create a level


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playing field on which SBEs can compete fairly for contracts and subcontracts relating to

the procurement and professional services activities of the SFMTA.

2. Questions

Questions concerning SBE/Non-Discrimination Requirements should be addressed in

writing to:

Preston Tom

SFMTA, Contract Compliance

One South Van Ness Ave., 7th

Floor

San Francisco, CA 94103

or

Email: [email protected]

Please include “SFMTA 2014-26” in the subject line of your e-mail.

3. Non-Discrimination in Employment

SFMTA will evaluate the Proposer’s response to the Questionnaire on Recruitment, Hiring,

and Training Practices (MTA SBE Form No. 3) to determine whether the Proposer is in

compliance with the Nondiscrimination Requirements.

Should SFMTA deem it necessary, the SFMTA will seek a written commitment from the

Proposer to use good faith efforts to provide equal employment opportunities during the

term of the contract. One measure of such a commitment would be comparing utilization

of women and minorities with the relevant labor market in order to improve parity between

the composition of the Proposer’s workforce and the available labor market. The Proposer

may be required to provide the SFMTA with the relevant data regarding its labor market.

4. SBE Goal

The Contract Compliance Office has established a 30-percent SBE participation goal for

this contract. Small business firms may qualify for this program by enrollment in the State

of California's Small Business Program, the federal DBE program, or the City and County

of San Francisco's LBE program. This SBE goal will apply to the following types of

contracts or scope of work in the contract: Computer Programming and Design;

Architecture and Engineering Services, Drafting (design services); Landscape Architecture;

Building Inspection; Public Relations; Telecommunications; Merchant Wholesalers,

Durable Goods, and Machinery and Equipment Rental (construction) ("SBE Work".)

To be determined responsive, a Proposer must demonstrate in its submittal that it will meet

this goal in the performance of this contract; or if it is unable to meet the goal, the Proposer

must submit documentation (MTA Form 2 – SBE Consultant/Subconsultant – Good Faith


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Efforts) with its Proposal that it performed good faith efforts, prior to submission of the bid

or Proposal, to meet this goal. A Proposer that is not responsive shall be ineligible for

award of the contract.

5. SBE Forms Required to be Submitted with Proposal (Note: SBE Forms

provided in Appendix A to this RFP)

In addition to the requirements on the content of the Proposal discussed above, proposed

Consultants must submit the following forms with their Proposals:

1. Consultant/Joint Venture Partner and Subconsultant Participation Report (SFMTA

SBE Form 1)

2. SBE Consultant/Consultant – Good Faith Efforts (SFMTA SBE Form 2)

3. Bidders List (SFMTA SBE Form 2A)

4. SBE Consultant/Joint Venture Partners/Subconsultant – Gross Revenue Declaration

(SFMTA SBE Form No. 2B)

5. Questionnaire on Recruitment, Hiring and Training Practices for Consultants

(SFMTA SBE Form 3)

6. Subconsultant Participation Declaration (SFMTA SBE Form 4)

7. Small Business Enterprise Acknowledgement Declaration (SFMTA SBE Form 5)

8. Joint Venture Participation Form (Schedule B)

9. A Copy of the firm’s Nondiscrimination Program or EEO Policy Statement (if any)

Note: Forms described in this paragraph do not count against the Proposal page limits

specified in Section III.

Forms shall be submitted in electronic format in a file/folder separate from the main

Proposal. Please label the file/folder “SFMTA 2014-26 SBE Forms”.

Both proposed consultant and subconsultants will need to submit Items 3, 4 (if applicable),

5, and 9.

Items 1, 2 and 6 of this paragraph apply to the prime consultant only. Item 7 applies to the

SBE Subconsultant only. Information about all firms submitting quotes or proposals to the

prime and subconsultants must be included on Item 3 (Bidders List). Directions for

completing the above forms can be found in the SBE Program in Appendix A.

P. Employment Non-Discrimination and Economically

Disadvantaged Workforce Hiring Provisions


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1. General

As a condition of contract award, consultants and subconsultants shall comply with the

nondiscrimination in employment provisions required by Chapter 12B of the Administrative

Code and the hiring of economically disadvantaged persons as required by the City’s First Source

Hiring Program, Chapter 83 of the Administrative Code.

2. Compliance with Chapter 12B Prior to Contract Award

The consultant and any subconsultants must be in compliance with the nondiscrimination

provisions of Chapter 12B on all existing City contracts prior to award of this contract. Prior to

the award of this contract, the SFMTA has the authority to review the consultant’s and

subconsultant’s prior performance to ensure compliance with the nondiscrimination provisions of

Chapter 12B.

If the SFMTA determines that there is cause to believe that a consultant or subconsultant is not in

compliance with the nondiscrimination provisions of Chapter 12B, the SFMTA shall attempt to

resolve the non-compliance through conciliation.

a. If the non-compliance cannot be resolved, the SFMTA shall submit to the consultant

or subconsultant a written Finding of Non-compliance.

b. The SFMTA shall give the consultant or subconsultant an opportunity to appeal the

Finding.

c. The SFMTA may stay the award of any contract to a consultant where the consultant

or any subconsultant is the subject of an investigation by written notice to the

SFMTA.

3. Complaints of Discrimination after Contract Award

a. A complaint of discrimination in employment initiated by any party after contract

award shall be processed in accordance with CCO procedures.

b. A finding of discrimination may result in imposition of appropriate sanctions,

including:

(i) There may be deducted from the amount payable to the consultant or

subconsultant under this contract a penalty of $50 for each person for each

calendar day the person was discriminated against in violation of the provisions

of the contract.

(ii) The contract may be canceled, terminated or suspended in part by the SFMTA.

(iii) The consultant, subconsultant or vendor may be determined ineligible to

perform work or supply products on any City contract for a period not to exceed

two years.


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4. Trainees – First Source Hiring Program

a. Trainee Requirements: Consultants are required to comply with the City’s First

Source Program, Administrative Code Section 83, which fosters employment opportunities for

economically disadvantaged individuals. Consultants are required to notify the First Source

Program of all open, entry-level positions and consider all program referrals fairly and equally.

In addition, the SFMTA requires consultants to hire a minimum number of professional

service trainees in the area of the consultant’s expertise. These hires count toward the First

Source Hiring requirements. Trainees may be obtained through the City’s One Stop Employment

Center, which works with various employment and job training agencies/organizations or other

employment referral source.

Number of Trainees

Project Fees To Be Hired

$0 – $499,999 0

$500,000 – $899,999 1

$900,000 – $1,999,999 2

$2,000,000 – $4,999,999 3

$5,000,000 – $7,999,999 4

$8,000,000 – $10,999,999 5

$11,000,000 – $13,999,999 6

(> = $14M, for each additional $3 million in consultant fees, add one

additional trainee)

b. The trainee must be hired by the prime consultant or by any subconsultant on the

project team.

c. No trainee may be counted towards meeting more than one contract goal.

d. A trainee must meet qualifications for enrollment established under the City’s First

Source Hiring Program as follows:

(i) “Qualified” with reference to an economically disadvantaged individual

shall mean an individual who meets the minimum bona fide occupational

qualifications provided by the prospective employer to the San Francisco

Workforce Development System in the job availability notices required by

the Program, and


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(ii) “Economically disadvantaged individual” shall mean an individual who is

either: (1) eligible for services under the Workforce Investment Act of

1988 (WIA) (29 U.S.C.A 2801 et seq.), as determined by the San

Francisco Private Industry Council; or (2) designated “economically

disadvantaged” for the First Source Hiring Administration, as an

individual who is at risk of relying upon, or returning to, public assistance.

e. On-the-job training (to be provided by the consultant): The consultant shall hire the

trainee on a full-time basis for at least 12 months or on a part-time basis for 24

months, with prior approval offering him/her on-the-job training which allows the

trainee to progress on a career path.

f. A summary of a job description and training for the trainee with the rate of pay should

be submitted for approval.

g. The trainee’s commitment does not require that he/she is used only on this project,

but also on other projects under contract to the Architect, Engineering, or Professional

firm, which is appropriate for the trainee’s skill development.

VII. Contract Requirements

A. Standard Contract Provisions

The successful proposer will be required to enter into a contract substantially in the form of

the Agreement for Professional Services, attached hereto as Appendix C. Failure to timely

execute the contract, or to furnish any and all insurance certificates and policy endorsement,

surety bonds or other materials required in the contract, shall be deemed an abandonment of a

contract offer. The SFMTA, in its sole discretion, may select another firm and may proceed

against the original selectee for damages.

Proposers are urged to pay special attention to the requirements of Administrative Code

Chapters 12B and 12C, Nondiscrimination in Contracts and Benefits, (§ 34 in the Agreement);

the Minimum Compensation Ordinance (§ 43 in the Agreement); the Health Care Accountability

Ordinance (§ 44 in the Agreement); the First Source Hiring Program (§ 45 in the Agreement);

and applicable conflict of interest laws (§ 23 in the Agreement), as set forth in paragraphs B, C,

D, E and F below.

B. Nondiscrimination in Contracts and Benefits

The successful proposer will be required to agree to comply fully with and be bound by the

provisions of Chapters 12B and 12C of the San Francisco Administrative Code. Generally,

Chapter 12B prohibits the City and County of San Francisco from entering into contracts or

leases with any entity that discriminates in the provision of benefits between employees with


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domestic partners and employees with spouses, and/or between the domestic partners and

spouses of employees. The Chapter 12C requires nondiscrimination in contracts in public

accommodation. Additional information on Chapters 12B and 12C is available on the CMD’s

website at http://sfgsa.org/index.aspx?page=6058.

C. Minimum Compensation Ordinance (MCO)


provisions of the Minimum Compensation Ordinance (MCO), as set forth in S.F. Administrative

Code Chapter 12P. Generally, this Ordinance requires contractors to provide employees covered

by the Ordinance who do work funded under the contract with hourly gross compensation and

paid and unpaid time off that meet certain minimum requirements. For the contractual

requirements of the MCO, see § 43.

For the amount of hourly gross compensation currently required under the MCO, see

www.sfgov.org/olse/mco. Note that this hourly rate may increase on January 1 of each year and

that contractors will be required to pay any such increases to covered employees during the term

of the contract.

Additional information regarding the MCO is available on the web at

http://sfgsa.org/index.aspx?page=403.

D. Health Care Accountability Ordinance (HCAO)

The successful proposer is encouraged to comply fully with and be bound by the provisions

of the Health Care Accountability Ordinance (HCAO), as set forth in S.F. Administrative Code

Chapter 12Q. Contractors should consult the San Francisco Administrative Code to determine

their compliance obligations under this chapter. Additional information regarding the HCAO is

available on the web at http://sfgsa.org/index.aspx?page=407.

E. First Source Hiring Program (FSHP)

If the contract is for more than $50,000, then the First Source Hiring Program (Admin.

Code Chapter 83) may apply. Generally, this ordinance requires contractors to notify the First

Source Hiring Program of available entry-level jobs and provide the Workforce Development

System with the first opportunity to refer qualified individuals for employment.

Contractors should consult the San Francisco Administrative Code to determine their

compliance obligations under this chapter. Additional information regarding the FSHP is

available on the web at http://www.workforcedevelopmentsf.org/businessservices/ and from the

First Source Hiring Administrator, [email protected] or call (415) 701-4883.

F. Conflicts of Interest


applicable provisions of state and local laws related to conflicts of interest, including Section

15.103 of the City’s Charter, Article III, Chapter 2 of City’s Campaign and Governmental

http://sfgsa.org/index.aspx?page=6058



http://www.workforcedevelopmentsf.org/businessservices/

mailto:[email protected]


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Conduct Code, and Section 87100 et seq. and Section 1090 et seq. of the Government Code of

the State of California. The successful proposer will be required to acknowledge that it is familiar

with these laws; certify that it does not know of any facts that constitute a violation of said

provisions; and agree to immediately notify the City if it becomes aware of any such fact during

the term of the Agreement.

Individuals who will perform work for the SFMTA on behalf of the successful proposer

might be deemed consultants under state and local conflict of interest laws. If so, such

individuals will be required to submit a Statement of Economic Interests, California Fair Political

Practices Commission Form 700, to the City within ten calendar days of the City notifying the

successful proposer that the City has selected the proposer.

VIII. Certification Regarding Debarment, Suspension,

and Other Responsibility Matters

Lower Tier Covered Transactions (Third Party Contracts over $25,000)

Grantees and subgrantees must not make any award or permit any award (subgrant or contract) at

any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible

for participation in Federal assistance programs under Executive Order 12549, “Debarment and

Suspension.” Therefore, by signing and submitting its bid or proposal, the bidder or proposer

certifies as follows:

The certification in this clause is a material representation of fact relied upon by the San

Francisco Municipal Transportation Agency ("SFMTA"). If it is later determined that the bidder

or proposer knowingly rendered an erroneous certification, in addition to remedies available to

the SFMTA, the Federal Government may pursue available remedies, including but not limited to

suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of

2 CFR Parts 180, Subpart C and 1200, Subpart C while this offer is valid and throughout the

period of any contract that may arise from this offer. The bidder or proposer further agrees to

include a provision requiring such compliance in its lower tier covered transactions.


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Appendix A

Appendix A - SFMTA Small Business Enterprise Program for

Professional and Technical Services document can be found in a

separate PDF file.


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Appendix B

Standard Forms

The requirements described in this Appendix are separate from those described in Appendix A.

Before the City can award any contract to a contractor, that contractor must file three standard

City forms (items 1-3 on the chart). Because many contractors have already completed these

forms, and because some informational forms are rarely revised, the City has not included them

in the RFP package. Instead, this Appendix describes the forms, where to find them on the

Internet (see bottom of page 2), and where to file them. If a contractor cannot get the documents

off the Internet, the contractor should call (415) 554-6248 or email Purchasing

([email protected]) and Purchasing will fax, mail or email them to the contractor.

If a contractor has already filled out items 1-3 (see note under item 3) on the chart, the

contractor should not do so again unless the contractor’s answers have changed. To find out

whether these forms have been submitted, the contractor should call Vendor File Support in the

Controller’s Office at (415) 554-6702.

If a contractor would like to apply to be certified as a local business enterprise, it must submit

item 4. To find out about item 4 and certification, the contractor should call the Contract

Monitoring Division at (415) 581-2319.

Item

Form name and

Internet location Form Description

Return the form

to;

For more info.

1.

Request for Taxpayer

Identification Number

and Certification

www.sfgov.org/oca/pu

rchasing/forms.htm

www.irs.gov/pub/irs-

fill/fw9.pdf

W-9 The City needs the contractor’s

taxpayer ID number on this

form. If a contractor has already

done business with the City, this

form is not necessary because

the City already has the number.

Controller’s Office

Vendor File

Support

City Hall, Room

484

San Francisco,

CA 94102

(415) 554-6702

http://www.sfgov.org/oca/purchasing/forms.htm


http://www.irs.gov/pub/irs-fill/fw9.pdf

http://www.irs.gov/pub/irs-fill/fw9.pdf


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Item

Form name and

Internet location Form Description

Return the form

to;

For more info.

2.

Business Tax

Declaration


rchasing/forms.htm

P-25 All contractors must sign this

form to determine if they must

register with the Tax Collector,

even if not located in San

Francisco. All businesses that

qualify as “conducting business

in San Francisco” must register

with the Tax Collector.

Controller’s Office

Vendor File

Support

City Hall, Room

484

San Francisco,

CA 94102

(415) 554-6702

3.

S.F. Administrative

Code Chapters 12B &

12C Declaration:

Nondiscrimination in

Contracts and Benefits


rchasing/forms.htm –

In Vendor Profile

Application

CMD-

12B-

101

Contractors tell the City if their

personnel policies meet the

City’s requirements for

nondiscrimination against

protected classes of people, and

in the provision of benefits

between employees with

spouses and employees with

domestic partners. Form

submission is not complete if it

does not include the additional

documentation asked for on the

form. Other forms may be

required, depending on the

answers on this form.

Contract-by-Contract

Compliance status vendors

must fill out an additional

form for each contract.

Contract

Monitoring

Division

30 Van Ness, Suite

200

San Francisco,

CA 94102

(415) 581-2310

Where the forms are on the Internet

Office of Contract Administration

Homepage: www.sfgov.org/oca/

Purchasing forms: Click on “Required Vendor Forms” under the “Information for

Vendors and Contractors” banner.





http://www.sfgov.org/oca/

http://www.sfgov.org/oca/


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City Administrator’s Contract Monitoring Division

Homepage: www.sfgsa.org

Click on “Departments, Divisions, Offices” on the left side, then

click on “Contract Monitoring Division” in the middle of the page.

Equal Benefits forms: Click on “Important Forms and Documents” under the “Equal

Benefits Compliance (12B)” header.

http://www.sfgsa.org/


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Appendix C

Sample Agreement for Professional Services (Form P-500)

Appendix C is a separate file to be downloaded from the online posting for this RFP in the San

Francisco Office of Contract Administration’s (OCA) Bids and Contracts Database.

You may access the database at the following link:

http://mission.sfgov.org/OCABidPublication/

Select “Consultants and Professional Services” in the drop-down Category menu and find the

listing for this RFP.

http://mission.sfgov.org/OCABidPublication/


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Appendix D

Attestation of Compliance

To be completed by all Proposing Firms and All Individual Subcontractors

(Please check each box, sign this form and submit it with your response.)

Name of individual completing this form:

The form is submitted on behalf of firm:

Name of RFP: SFMTA 2014-26

1. I attest that I and all members of the firm listed above will and have complied to date with

Section VI.J of the above RFP. Yes

2. I understand that if my firm or any members of the firm listed above are found to be in

violation of Section VI.J of the above RFP, this will disqualify my firm and any Proposal

in which my firm is named from further consideration. Yes

I have entered required responses to the above questions to the best of my knowledge and belief.

Signature:

Date:


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Appendix E

APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans and Cooperative Agreements

(To be submitted with each bid or offer exceeding $100,000)

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the

undersigned, to any person for influencing or attempting to influence an officer or employee of an

agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of

Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the

making of any Federal loan, the entering into of any cooperative agreement, and the extension,

continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative

agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person

for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,

an officer or employee of Congress, or an employee of a Member of Congress in connection with this

Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit

Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

http://www.whitehouse.gov/sites/default/files/omb/grants/sflllin.pdf

(3) The undersigned shall require that the language of this certification be included in the award

documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,

loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this

transaction was made or entered into. Submission of this certification is a prerequisite for making or

entering into this transaction imposed by section 1352, title 31, U.S. Code (as amended by the Lobbying

Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil

penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Consultant or Contractor, ________________, certifies or affirms the truthfulness and

accuracy of each statement of its certification and disclosure, if any. In addition, the Consultant or

Contractor understands and agrees that the provisions of 31 U.S.C. § 3801, et seq., apply to this

certification and disclosure, if any.

Executed this ________ day of ____________, 20__.

By: __________________________________________________

(signature of authorized official)

______________________________________________________

(title of authorized official)

http://www.whitehouse.gov/sites/default/files/omb/grants/sflllin.pdf


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Appendix F

FTA REQUIREMENTS FOR PERSONAL SERVICES CONTRACTS

I. DEFINITIONS

A. Approved Project Budget means the most recent statement, approved by the FTA, of the costs of the Project, the maximum amount of Federal assistance for which the City is currently eligible, the specific tasks (including specified contingencies) covered, and the estimated cost of each task.

B. Contractor means the individual or entity awarded a third party contract financed in whole or in part with Federal assistance originally derived from FTA.

C. Cooperative Agreement means the instrument by which FTA awards Federal assistance to a specific Recipient to support a particular Project or Program, and in which FTA takes an active role or retains substantial control.

D. Federal Transit Administration (FTA) is an operating administration of the U.S. DOT.

E. FTA Directive includes any FTA circular, notice, order or guidance providing information about FTA's programs, application processing procedures, and Project management guidelines. In addition to FTA directives, certain U.S. DOT directives also apply to the Project.

F. Grant Agreement means the instrument by which FTA awards Federal assistance to a specific Recipient to support a particular Project, and in which FTA does not take an active role or retain substantial control, in accordance with 31 U.S.C. § 6304.

G. Government means the United States of America and any executive department or agency thereof.

H. Project means the task or set of tasks listed in the Approved Project Budget, and any modifications stated in the Conditions to the Grant Agreement or Cooperative Agreement applicable to the Project. In the case of the formula assistance program for urbanized areas, for elderly and persons with disabilities, and non-urbanized areas, 49 U.S.C. §§ 5307, 5310, and 5311, respectively, the term "Project" encompasses both "Program" and “each Project within the Program," as the context may require, to effectuate the requirements of the Grant Agreement or Cooperative Agreement.

I. Recipient means any entity that receives Federal assistance directly from FTA to accomplish the Project. The term " Recipient" includes each FTA "Grantee" as well as each FTA Recipient of a Cooperative Agreement. For the purpose of this Agreement, Recipient is the City.

J. Secretary means the U.S. DOT Secretary, including his or her duly authorized designee.


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SFMTA 2014-26

K. Third Party Contract means a contract or purchase order awarded by the Recipient to a vendor or contractor, financed in whole or in part with Federal assistance awarded by FTA.

L. Third Party Subcontract means a subcontract at any tier entered into by Contractor or third party subcontractor, financed in whole or in part with Federal assistance originally derived from FTA.

M. U.S. DOT is the acronym for the U.S. Department of Transportation, including its operating administrations.

II. FEDERAL CHANGES

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and

directives, including without limitation those listed directly or by reference in the Master Agreement

between the City and FTA, as they may be amended or promulgated from time to time during the term of

this contract. Contractor’s failure to so comply shall constitute a material breach of this contract.

III. ACCESS TO RECORDS

A. The Contractor agrees to provide the City and County of San Francisco, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts and transcriptions.

B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

C. The Contractor agrees to maintain all books, records, accounts and reports required under this Agreement for a period of not less than three years after the date of termination or expiration of this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case Contractor agrees to maintain same until the City, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. 49 CFR 18.36(i)(11).

IV. DEBARMENT AND SUSPENSION

See Certification Regarding Debarment, Suspension, and Other Responsibility Matters.

V. NO FEDERAL GOVERNMENT OBLIGATIONS TO CONTRACTOR

A. The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.


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SFMTA 2014-26

VI. CIVIL RIGHTS

A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 41 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

B. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

1. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOT) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR Parts 60 et seq., (which implement Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

2. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

3. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

C. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

VII. DBE/SBE ASSURANCES Pursuant to 49 C.F.R. Section 26.13, the Contractor is required to make the following assurance in its agreement with SFMTA and to include this assurance in any agreements it makes with subcontractors in the performance of this contract:


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The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor or Subcontractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as SFMTA deems appropriate.

VIII. PATENT RIGHTS (applicable to contracts for experimental, research, or development projects financed by FTA)

A. General. If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the City and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the FTA.

B. Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor’s status (large business, small business, state government or instrumentality, local government, nonprofit organization, institution of higher education, individual), the City and Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government described in U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR Part 401.

C. The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.

IX. RIGHTS IN DATA AND COPYRIGHTS (Applicable to contracts for planning, research, or development financed by FTA)

A. Definition. The term "subject data" used in this section means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to, computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term “subject data” does not include financial reports, cost analyses, and similar information incidental to contract administration.

B. Federal Restrictions. The following restrictions apply to all subject data first produced in the performance of this Agreement.

1. Publication of Data. Except for its own internal use in conjunction with the Agreement, Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution.


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2. Federal License. In accordance with 49 CFR §§ 18.34 and 19.36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, “for Federal Government purposes,” any subject data or copyright described below. As used in the previous sentence, “for Federal Government purposes” means use only for the direct purposes of the Federal Government. Without the copyright owner’s consent, the Federal Government may not extend its Federal license to any other party:

a. Any subject data developed under this Agreement, whether or not a copyright has been obtained; and

b. Any rights of copyright purchased by City or Contractor using Federal assistance in whole or in part provided by FTA.

3. FTA Intention. When FTA awards Federal assistance for a experimental, research or developmental work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in the work. Therefore, unless FTA determines otherwise, the Contractor performing experimental, research, or developmental work required by the underlying Agreement agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of the Agreement, or a copy of the subject data first produced under the Agreement for which a copyright has not been obtained. If the experimental, research, or developmental work which is the subject of this Agreement is not completed for any reason whatsoever, all data developed under this Agreement shall become subject data as defined in Subsection a. above and shall be delivered as the Federal Government may direct. This subsection does not apply to adaptations of automatic data processing equipment or programs for the City’s use the costs of which are financed with Federal transportation funds for capital projects.

4. Hold Harmless. Unless prohibited by state law, upon request by the Federal Government, the Contractor agrees to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties, against any liability, including costs and expenses, resulting from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this Agreement. The Contractor shall not be required to indemnify the Federal Government for any such liability arising out of the wrongful acts of employees or agents of the Federal Government.

5. Restrictions on Access to Patent Rights. Nothing contained in this section on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent.

6. Application to Data Incorporated into Work. The requirements of Subsections (2), (3) and (4) of this Section do not apply to data developed by the City or Contractor and incorporated into the work carried out under this Agreement, provided that the City or Contractor identifies the data in writing at the time of delivery of the work.

7. Application to Subcontractors. Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.


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C. Provision of Rights to Government. Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor’s status (large business, small business, state government or instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the City and Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government described in U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR Part 401.

D. Flow Down. The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.

X. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to nonconstruction contracts in excess of $100,000 that employ laborers or mechanics on a public work)

A. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

B. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph A of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph A of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph A of this section.

C. Withholding for unpaid wages and liquidated damages - The City and County of San Francisco shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

D. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section.


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XI. ENERGY CONSERVATION REQUIREMENTS

The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

XII. CLEAN WATER REQUIREMENTS (applicable to all contracts in excess of $100,000)

A. The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq. Contractor agrees to report each violation of these requirements to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA regional office.

B. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

XIII. CLEAN AIR (applicable to all contracts and subcontracts in excess of $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any yea.)

A. Contractor agrees to comply with applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

B. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

XIV. PRIVACY

If Contractor or its employees administer any system of records on behalf of the Federal Government, Contractor and its employees agree to comply with the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a (the Privacy Act). Specifically, Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Government. Contractor acknowledges that the requirements of the Privacy Act, including the civil and criminal penalties for violations of the Privacy Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of this Agreement. The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.

XV. DRUG AND ALCOHOL TESTING

To the extent Contractor, its subcontractors or their employees perform a safety-sensitive function under the Agreement, Contractor agrees to comply with, and assure compliance of itssubcontractors, and their employees, with 49 U.S.C. § 5331, and FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 CFR Part 655.


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XVI. TERMINATION FOR CONVENIENCE OF CITY (required for all contracts in excess of $10,000)

See Agreement Terms and Conditions.

XVII. TERMINATION FOR DEFAULT (required for all contracts in excess of $10,000)

See Agreement Terms and Conditions.

XVIII. FALSE OR FRAUDULENT STATEMENTS AND CLAIMS

A. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying Agreement, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA-assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

B. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

C. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

XIX. FLY AMERICA

The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.


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XX. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions.

XXI. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS (applicable to each contract for transit operations performed by employees of a Contractor recognized by FTA to be a transit operator)

A. The Contractor agrees to the comply with applicable transit employee protective requirements as follows:

1. General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection A, however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (2) and (3) of this clause.

Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter.

2. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.


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B. The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA.

XXII. NATIONAL ITS ARCHITECTURE POLICY (Applicable to contracts for ITS projects)

If providing Intelligent Transportation Systems (ITS) property or services, Contactor shall comply with the National ITS Architecture and standards to the extent required by 23 U.S.C. § 512, FTA Notice, "FTA National ITS Architecture Policy on Transit Projects," 66 FR 1455, et seq., January 8, 2001, and later published policies or implementing directives FTA may issue.

XXIII. TEXTING WHILE DRIVING; DISTRACTED DRIVING

Consistent with Executive Order 13513 “Federal Leadership on Reducing Text Messaging While Driving”, Oct. 1, 2009 (available at http://edocket.access.gpo.gov/2009/E9-24203.htm ) and DOT Order 3902.10 “Text Messaging While Driving”, Dec. 30, 2009, SFMTA encourages Contractor to promote policies and initiatives for employees and other personnel that adopt and promote safety policies to decrease crashes by distracted drivers, including policies to ban text messaging while driving, and to include this provision in each third party subcontract involving the project.

XXIV. SEAT BELT USE

In compliance with Executive Order 13043 “Increasing Seat Belt Use in the United States”, April 16, 1997 23 U.S.C. Section 402 note, the SFMTA encourages Contractor to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company owned, rented, or personally operated vehicles, and to include this provision in each third party subcontract involving the project.

http://edocket.access.gpo.gov/2009/E9-24203.htm

http://edocket.access.gpo.gov/2009/E9-24203.htm


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Appendix G

MUNICIPAL TRANSPORTATION AGENCY

PROTEST PROCEDURES FOR

FEDERALLY ASSISTED

CONTRACTS (EXCLUDING ROLLING STOCK CONTRACTS)

REVISED: August 2014

The following procedures apply to the receipt, evaluation and determination of Protests challenging the Selection Process leading to the award of a federally funded contract (excluding procurement of rolling stock):

1. Protest Definition: A Protest is a written challenge by a Proposer concerning the manner in which the SFMTA has conducted a Selection Process or the selection of one Proposer or Proposal over another. An entity or person that has not submitted a Proposal may not submit a Protest. An objection to the contents or requirements of Proposal Documents is not a Protest (and shall be addressed under other provisions of the Proposal Documents).

2. Protest Requirements: A Protest must state with specificity each and every one of the grounds on which the Proposer challenges the Selection Process or the selection of one Proposer or Proposal over another. A Protest must be signed by an individual authorized to represent the Proposer, and must cite the law, rule, local ordinance, procedure or RFP provision on which the Protest is based. In addition, the Protestor must specify facts and evidence sufficient for the SFMTA to evaluate and determine the validity of the Protest.

3. Protest Deadline: A Protest must be submitted in writing to the SFMTA no later than five Days following the date the SFMTA issues a notice to a Proposer of its intent to award a contract to another Proposer. If the Selection Process requires submission of documents in separate phases (e.g., RFQ/RFP), and a Proposer may be disqualified at the end of a phase prior to award, then a Protest regarding a phase of the Selection Process must be submitted in writing to SFMTA (a) in the case of a sealed bid, no later than ten Days following the date the SFMTA opens the bids, or (b) in the case of a Request for Qualifications or Request for Proposals, no later than ten Days after the SFMTA issues notice to the Proposers of the results of


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that phase of the Selection Process. Nothing in this procedure precludes the SFMTA from continuing with a Selection Process pending the resolution of any Protest.

4. Protest Submission: A Protest must be submitted to the SFMTA contact person identified in SFMTA Proposal Documents, with a copy to the Project Manager.

5. Protest Review and Determination: A designated SFMTA staff person will review any Protest to the extent that it does not relate to SBE or DBE requirements. The SFMTA will provide a written response to each material issue or allegation stated in the Protest and explain the SFMTA’s reasons for its decision. To the extent that a Protest makes claims regarding any other Proposer, the SFMTA may solicit a response(s) from that Proposer before issuing its written determination.

6. DBE- or SBE-Related Protests: To the extent that a Protest involves DBE or SBE requirements, the SFMTA contact person identified in the SFMTA Proposal Documents shall forward a copy of the protest to the Contract Compliance Office (CCO) for review. The CCO shall review DBE or SBE requirements for the project, examine whether the protest has merit, and provide a detailed written analysis of the Protest to the designated SFMTA staff person handling the Protest. The CCO may contact the Protestor or any other Proposer or proposed subcontractor as necessary to investigate the Protest.

Where a Protest concerns whether a bidder has met a DBE or SBE goal or demonstrated good faith efforts in reaching such a goal, the CCO's determination shall be incorporated into the SFMTA staff written determination. When the CCO has determined that a selected Proposer has failed to meet its goal or make required good faith efforts, the procedures in Section V.D.3.v of the Agency's DBE or SBE Program shall govern any request for reconsideration from the selected Proposer.

7. Appeal of Staff Determination: A Protestor dissatisfied with the SFMTA ‘s written response may appeal that decision to the Director of Transportation no later than five Days following the date the SFMTA staff person issues his or her decision. The Director will review the Protest and the SFMTA staff decision. The Director may, in his or her sole discretion, affirm the staff determination or issue an alternate determination. If not appealed, the SFMTA staff decision is the final administrative determination of the Protest. If the staff decision is appealed, the determination of the Director of Transportation is the final administrative determination of the Protest. This Section does not apply to Protests where the appeal is subject to Section V.D.3.v of the Agency’s DBE or SBE Program in accordance with Section 6.


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8. Appeal to FTA: A protestor may appeal a determination of the Director of Transportation to the FTA if the Protest alleges that the SFMTA: (a) failed to have written protest procedures, (b) failed to follow its written protest procedures; or (3) failed to review a Protest when presented an opportunity to do so. FTA will not consider every appeal filed by a protestor of an FTA recipient’s protest decision merely because a Federal law or regulation may be involved. Instead, FTA will exercise discretionary jurisdiction over those appeals involving issues important to FTA’s overall public transportation program. FTA will refer violations of Federal law for which it does not have primary jurisdiction to the Federal authority having proper jurisdiction. A protest to the FTA must be delivered to the FTA Regional Administrator for Region IX within five Days of the date the protester receives actual or constructive notice of the SFMTA’s final decision. A protester must exhaust all administrative remedies with the SFMTA before submitting a Protest to the FTA.

9. Definitions: For purposes of these procedures, the following terms shall have the stated meanings:

Days: Working days of the City and County of San Francisco (unless otherwise indicated).

Proposal: An offer to provide goods and/or services submitted in response to an invitation for bids (IFB), a request for proposals (RFP), or a statement of qualifications submitted in response to a request for qualifications (RFQ).

Proposal Documents: The IFB, RFP or RFQ, and other documents issued by the SFMTA, to advertise or solicit Proposals.

Proposer: A person or entity that submits a Proposal.

Selection Process: The SFMTA process to solicit and evaluate Proposers and Proposals, determine whether Proposers are responsible and Proposals are responsive, and select Proposers to negotiate a proposed contract.

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